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Prune Man - Here's a sample of what I use for Interrogatories
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Posted by JR
(152.163.253.37) on September 30, 2003 at 15:52:57:
You can adapt the info here for your own purposes. DEFINITION OF TERMS
As used herein, the following terms have the following meanings.
1. ADVERSE ACTION, means an action or determination that is made in connection with an application that was made by, or a transaction that was initiated by, any consumer or a credit transaction involving the consumer and such action or determination denies or revokes credit; changes the terms of an existing credit arrangement; or refuses to grant credit in substantially the amount or on substantially the terms requested and is adverse to the interests of the consumer.
2. CONCERN or CONCERNING means and includes referring to, alluding to, responding, relating to, connected with, commenting on, in respect of, about, regarding, discussing, involving, showing, describing, reflecting, analyzing and constituting.
3. CONSUMER means a natural individual.
4. CONSUMER REPORT, as defined by 15 U.S.C. 1681a will mean any written, oral, or other communication of any ITEM OF INFORMATION by a CONSUMER REPORTING AGENCY bearing on a CONSUMER’S credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the CONSUMER’S eligibility for credit or employment.
5. CONSUMER REPORTING AGENCY (hereinafter CRA) is defined by 15 U.S.C. §1681(f) as any person which, for monetary fees, dues, or on a cooperative nonprofit bases, regularly engages in whole or in part in any practice of assembling or evaluating CONSUMER information or other information on CONSUMERS for the purpose of furnishing CONSUMER REPORTS to third parties, and which uses any means of facility of interstate commerce for the purpose of preparing or furnishing CONSUMER REPORTS.” Defendants, EQUIFAX, EXPERIAN, and TRANS UNION are CONSUMER REPORTING AGENCIES.
6. DOCUMENT - means every writing or record of every type and description that is in the possession, control or custody of Defendant, including but without limitation to, correspondence, memoranda, stenographic or handwritten notes, studies, publications, books, pamphlets, pictures, films, voice recordings, reports, surveys; minutes or statistical compilations, data processing cards or computer records, files, disks, or tapes or print-outs; agreements, communications, and reports, correspondence, telegrams, memoranda, summaries or records of telephone conversations, summaries or records of personal conversations or interviews, diaries, graphs, reports, notebooks, note charts, plans, drawings, sketches, maps, summaries or records of meetings or conferences, summaries or reports of investigations or negotiations, opinions or reports of consultants, photographs, motion picture film, brochures, pamphlets, advertisements, circulars, on any document, and all other writings.
7. FILE – with respect to information on any CONSUMER, means all of the information on that CONSUMER recorded and retained by a FURNISHER OF INFORMATION or a CONSUMER REPORTING AGENCY, regardless of how the information is stored.
8. FURNISHER OF INFORMATION is a PERSON who regularly and in the ordinary course of business furnishes information to one or more CONSUMER REPORTING AGENCIES about the PERSON’S transactions or experiences with any CONSUMER.
9. IDENTIFY – with respect to a communication shall mean to provide: (a) The name and last known address of each PERSON participating in or present during the communication; (b) the name or the employer for each PERSON identified as participating in or present during the communication; (c) the place the communication was made; (d) the date the communication was made; (e) the subject matter of the communication; (f) the identity of the documents containing or relating to the communication.
10. IDENTIFY – with respect to a DOCUMENT shall mean to provide: The type of DOCUMENT, (e.g. letter, memo, etc.) the title or name by which it is referred, the date of the DOCUMENT, the identity of its author(s) or the person(s) creating the DOCUMENT, the identity of each person to whom the DOCUMENT is addressed, sent and/or copied, the present location of the original and all copies, the name of the custodian of the DOCUMENT, (if the original was destroyed, the date, reason and circumstances surrounding the loss of the original)and a general description of the subject matter.
11. IDENTIFY – with respect to an entity other than a natural person shall mean to provide: Its name, the address of its principal place of business, and to identify every owner, part owner, officer, employee or other agent of such entity which was in any way involved in the acts, occurrences, omissions, or transactions referred to in the Demand for Production of DOCUMENTS.
12. IDENTIFY – with respect to a natural Person shall mean to provide: His or her full name, last known business and residential address (including street name and number, city or town, and state or country), and telephone number, last known employer or place of employment, business address and telephone number of last known employer and job title.
13. ITEM OF INFORMATION (hereinafter ITEM) means any of one or more informative entries in a CONSUMER REPORT which causes a creditor to deny credit; increase the cost of credit; or deny a checking account with a bank or other financial institution to a CONSUMER.
14. PERSON, as defined by 15 U.S.C. 1681a means any individual, partnership, corporation, trust, estate, cooperative association, government or governmental subdivision or agency, or other entity.
15. YOU or YOURS – refers to Responding Party, its agents, representatives, owners or employees.
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